Weigh and Win User Agreement

Definitions

Kaiser Foundation Health Plan, Inc., and Kaiser Foundation Hospitals and their respective affiliates in the Kaiser Permanente Medical Care Program, and the Permanente Medical Groups are collectively referred to as “Kaiser Permanente".

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Program Overview

Welcome to the Weigh and Win program. This program is offered to help you achieve and maintain a healthy weight. You will begin the program by performing an initial weigh in at the Weigh and Win HEALTHspot® Kiosk. Based on your health program election, you will receive regular emails covering tips and information for proper nutrition and exercise. The program requires that you return to the Weigh and Win HEALTHspot® Kiosk on a quarterly basis to complete weigh ins. If you have lost weight, you may be eligible to receive an incentive reward, distributed via a Visa Prepaid Debit Card, based on the amount of weight lost. If you continue to keep the weight off, you may receive quarterly rewards for up to nine consecutive months after your second weigh in. If you regain some or all of the weight from one weigh in to the next, your reward will be reduced or eliminated, depending on how much weight you regain. At the end of 12 months, your baseline weight will be recalculated based on your new weight. If you are still overweight (as determined in accordance with Section 3 below), you may be eligible to earn new incentive rewards by losing more weight.

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Qualified Participants

The Weigh and Win program is open to all Colorado adults over the age of 18. Only those with a BMI of 25 or greater at the initial weigh in are eligible to earn the rewards for losing weight per the established incentive scale. Those with a BMI of less than 25 are eligible for prizes by accruing HEALTHpoints through program participation. You can only have one active account in the system. Duplicate accounts will be deleted and all earned incentives will be revoked.

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Privacy

All of the personal information you provide to Weigh and Win is securely stored. The information is used to calculate your incentive reward amounts. Kaiser Permanente does not have access to your individual weight measurement data.

Weigh and Win and Facebook If you chose to brag to Facebook through your Weigh and Win Progress Report, enroll, log in, and/or connect your Weigh and Win account with Facebook, you are subject to Facebook’s current terms and conditions and privacy policies available at www.facebook.com.

Team ChallengeIf you chose to join any of the Weigh and Win Team Challenges, your email address will be shared ONLY with your teammates in order to allow you to easily communicate with each other.

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Program Modification

Kaiser Permanente may modify the terms of this Agreement and the predetermined weight loss program at any time by providing you with an updated version. Your continued usage of the program will mean you accept those changes.

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Improper Manipulation of Weight Readings

You are not allowed to artificially influence your weight to create an inaccurate weight reading. This includes, but is not limited to, making your weight higher or lower than your actual weight or having others weigh in for you. If it is determined that you are attempting to manipulate the system in any manner you shall be immediately terminated from the program. You will not be entitled to any additional incentive rewards if it is determined that you have manipulated the program.

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Weigh Ins

If you do not complete a weigh in as required under the program, your participation in the program and any incentive rewards to which you are entitled under the program will be suspended until such time as you weigh in at the next weigh in period.

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Payment of Incentives

Incentives will be paid to you by Weigh and Win*.

You are not eligible for weight loss incentives if you are pregnant at any time while participating in this program. Pregnancy interferes with accurate weight measurements. In addition, if you have had bariatric surgery at any time after beginning the Weigh and Win program, you are also ineligible to receive incentive rewards due to weight loss unassociated with the Weigh and Win program.

Weigh and Win has the right to change the incentive reward amounts and time of pay outs at any time.

All participants receiving incentive reward payments from this program are required to include this income in their tax return for the year in which the rewards were paid. A 1099 will not be issued.

The total value of all cash rewards and prizes that a particular participant can receive in one calendar year cannot exceed $300. Cash rewards are funded by Kaiser Permanente.

Rewards are distributed via a third party organization on a Visa Prepaid Debit Card. All participant information is kept completely secure and confidential by the third party organization.

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Prizes

All participants will be eligible to win prizes on a monthly basis. In order to be eligible for a prize, participants will accrue points by participating in program functions (i.e. opening daily email, completing weekly quiz, completing quarterly weigh ins, referring a friend, etc.). A threshold level will be determined and a participant will be selected at random to receive a prize among all participants that are above the threshold. Points will re-accrue from zero starting from the first day of each month.

All participants receiving prizes from this program are required to include this income in their tax return for the year in which the prizes were received.

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Cancellation

You may cancel your participation in the program at any time. Upon cancellation of your participation in the program, you are entitled to receive incentive payments only through the date of cancellation.

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No Guaranty of Weight Loss

Weigh and Win does not guarantee any weight loss or maintenance by participating in the program.

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Consultation With Physician

Weigh and Win recommends that you consult with your physician prior to beginning the program in order to determine the suitability of the program to your own needs.

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ADA Compliance

The HEALTHspot® kiosks used for the Weigh and Win program are manufactured by KIOSK Information Systems and have been patented by incentaHEALTH. The KIOSK Information Systems Stealth Series is in accordance with all ADA/Section 508 guidelines related to self service.

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Waiver, Release and Limitation of Liability

In consideration of your participation in the Weigh and Win program, you hereby accept all risk to your health and any injury or death that may result from such participation and you hereby release Weigh and Win, and its respective officers, directors, employees, agents, sponsors, successors and assigns from any and all liability to you, your personal representatives, estate, heirs, next of kin and assigns, from any and all claims and causes of actions for all illness or injury to your person resulting from your participation in the Weigh and Win program, including, without limitation, your death, any medical problems or any health issues, whether caused by the negligence of you or Weigh and Win, or any of their respective officers, directors, employees, agents, sponsors, successors and assigns. In no event shall Weigh and Win be responsible for any damages (including, without limitation, incidental and consequential damages) resulting from your participation in the Weigh and Win program, whether based on warranty, contract, tort, or any other legal theory, and whether or not Weigh and Win is advised of the possibility of such damages. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

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Indemnification

You agree to defend, indemnify and hold Weigh and Win, and their respective officers, directors, employees, agents, sponsors, successors and assigns harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorneys fees, resulting from your violation of this Agreement.

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Term of Agreement

Unless sooner terminated by you, this Agreement remains in effect for as long as Weigh and Win is funded by Kaiser Permanente and its community partners. Upon termination of the program, you are entitled to receive incentive reward payments only through the date of termination.

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General

This Agreement shall be governed by and construed according to the laws of the State of Colorado, without giving effect to conflict of laws principles which might otherwise require the application of the laws of another jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

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I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION AGAINST WEIGH AND WIN FOR MY INJURY OR DEATH THAT OCCURS WHILE PARTICIPATING IN THE WEIGH AND WIN PROGRAM.